DENVER — The Colorado Supreme Court on Monday decided an Oklahoma man and his daughter could pursue a negligence claim against Vail Resorts for a debilitating ski lift injury, notwithstanding the waiver they signed assuming "all risks."
The ruling implicated competing policy concerns for the multibillion-dollar ski industry and the millions of chair lift riders annually. Specifically, do the rights of customers to sue for injuries attributable to resort operators' negligence take a backseat to ski resorts' ability to protect themselves through broad liability waivers?
Previous story: After teen's fall, Colorado Supreme Court will decide if, how ski industry will be held accountable
Annalea "Annie" Miller was 16 years old when she fell 30 feet from a chair lift at Crested Butte Mountain Resort. Her father, Michael D. Miller, filed suit alleging Annie's injuries — which resulted in her paralysis — were the product of the operator, Vail Resorts, failing to exercise the appropriate level of care in running the lift.
The Millers brought three claims based on varying legal theories. A trial judge permitted the claim for gross negligence to proceed and no one challenged that decision. However, the remaining claims raised the question of whether ski lift users, in waiving their right to sue when they purchase tickets, can override that waiver and hold ski operators liable.
SUGGESTED VIDEOS: Latest from 9NEWS
> Watch 9NEWS original shows, live Colorado news and weather updates, daily forecasts, and sports coverage for free on the 9NEWS+ app on Roku and Fire TV.